How To Plan and Prepare for Trial: Backwards planning, roadmaps, PowerPoint, and opening and closing statements

Jeremy D. Burkhart
Jeremy D. Burkhart
Holland & Knight

Jeremy D. Burkhart is an experienced government contracts attorney for the law firm of Holland & Knight.

Gerald Maatman, Jr
Gerald Maatman, Jr
Duane Morris LLP

Gerald "Jerry" Maatman, Jr. is a Chambers-recognized workplace class action defense litigator, an eight-time Law 360 Employment Law MVP, nine-time recipient of BTI Consulting Group's distinguished Client Service All-Star Award, and a 2021 Legal 500 Hall of Fame inductee

On-Demand: July 25, 2024

2 hour CLE

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Program Summary

Session I - Trial Strategies for Success: Backwards planning and evidence presentation for the win – Jeremy Burkhart

In this presentation we will cover strategies for a successful trial, including how to plan and prepare for a trial and how to present evidence to the factfinder. Special emphasis will be given to the closing argument, how to use PowerPoint effectively, and how to anticipate objections. In his first contested jury trial, a young Mr. Burkhart serving as an Army prosecutor had a signed confession, yet somehow managed to snatch defeat from the jaws of victory with a full acquittal. Discover what Mr. Burkhart learned during that trial, and the strategies he has employed in his practice to obtain successful verdicts over the course of his career.

Key topics to be discussed:

  • Backwards Planning Your Case, Why You Should Prepare Your Closing Argument Before Your Witnesses/Evidence
  • Create a Roadmap for Trial
  • Closing Effectively: Less theater, more teaching
  • A Unique Perspective on the Wisdom of PowerPoint

Session II - Opening & Closing Statements: It’s all about striking the right balance - Gerald Maatman, Jr

Join experienced class action defense litigator Gerald L. Maatman, Jr. for an engaging program designed for trial attorneys to enhance their approach to opening and closing statements. Attendees will learn to strike a balance between informative narration and persuasive argumentation, how to navigate jury biases, and identify overlooked areas that may impact trial successes.

Key topics to be discussed:

  • Be Compelling but Not Theatrical or Rehearsed / The Right Tone
  • Presenting From Speaking Points vs. Notes
  • Say What You Need to Say Without Going Too Long or Reverting to Legalistic Language
  • Addressing Your Weak Points the Right Way
  • Best Practices of Top Advocate

Closed-captioning available

Speakers

Jeremy D. Burkhart_myLawCLEJeremy D. Burkhart | Holland & Knight

Jeremy D. Burkhart is an experienced government contracts attorney for the law firm of Holland & Knight.

Mr. Burkhart provides counsel and representation on all government contract (GovCon) matters, including claims, teaming agreements, compliance requirements associated with the Small Business Administration’s (SBA) government contracting programs, and suspension and debarment. He is extremely well versed in prosecuting and defending bid protests and has litigated more than 100 protests. Mr. Burkhart also has significant experience in mergers and acquisitions (M&A) and has represented several dozen government contractors in the closing of such deals, as well as in post-transaction matters such as novations.

Prior to joining Holland & Knight, Mr. Burkhart served on active duty in the U.S. Army as a judge advocate (JAG) for nine years, where he regularly served as lead counsel in high-stakes criminal and civil litigation, including several jury trials. Mr. Burkhart is a veteran of the Afghanistan war and continues to serve in the U.S. Army Reserve.

 

Gerald L. Maatman, Jr._ Duane Morris LLP._myLawCLEGerald Maatman, Jr | Duane Morris LLP

Gerald “Jerry” Maatman, Jr. is a Chambers-recognized workplace class action defense litigator, an eight-time Law 360 Employment Law MVP, nine-time recipient of BTI Consulting Group’s distinguished Client Service All-Star Award, and a 2021 Legal 500 Hall of Fame inductee.

Mr. Maatman is a Partner at Duane Morris LLP, where he chairs the firm’s Class Action Defense Group. Among his various cases, Mr. Maatman successfully defended the largest EEOC pattern or practice lawsuit ever prosecuted in the history of the Commission, the largest age discrimination collective action ever brought in Illinois, the first sexual harassment class action brought by a State Attorney General in the United States, and the largest wage & hour class actions ever litigated in Florida, Illinois, and New York. A graduate of Washington & Lee University and the Northwestern University School of Law, where he has served as an adjunct professor for 34 years, Jerry is based out of Duane Morris’ Chicago and New York offices. The author of eight books on the law, Jerry is often consulted by major news organizations for his views on significant court rulings and legal issues. He has served as a legal commentator on the Public Broadcasting System (PBS), National Public Radio (NPR), MSNBC, CNBC, and USA Talk Radio, and his comments have appeared in such publications as the Wall Street Journal, The Economist, Business Insurance, USA Today, Fortune, and Forbes. In 2023, Business Today included Mr. Maatman in its rankings of the Top 8 Most Influential Labor & Employment Lawyers in the United States. Further, Chambers selected him as one of the leading class action defense lawyers in its 2006 to 2024 rankings of U.S. lawyers. In its Global rankings, Chambers stated that “Maatman is absolutely phenomenal,” and is “one of the top-class action minds in the country.

Agenda

Session I Trial Strategies for Success: Backwards planning and evidence presentation for the win | 11:00am 12:00pm

  • Backwards Planning Your Case, Why You Should Prepare Your Closing Argument Before Your Witnesses/Evidence
  • Create a Roadmap for Trial
  • Closing Effectively: Less theater, more teaching
  • A Unique Perspective on the Wisdom of PowerPoint

Break | 12:00pm 12:10pm

Session II Opening & Closing Statements: It’s all about striking the right balance | 12:10pm 1:10pm

  • Be Compelling but Not Theatrical or Rehearsed / The Right Tone
  • Presenting From Speaking Points vs. Notes
  • Say What You Need to Say Without Going Too Long or Reverting to Legalistic Language
  • Addressing Your Weak Points the Right Way
  • Best Practices of Top Advocate

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Approved for Self-Study Credits
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Maine

Pending CLE Approval
2 General

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Approved for Self-Study Credits
2 General

The Federal Bar Association reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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